RENO COUNTY– For the second time a Reno County judge is ordering the state offer a defendant the same offer they made prior to his 2007 conviction of attempted manufacture of methamphetamine and attempted 2nd degree murder.

In his civil filing, Paul Stotts, 28 argued he had ineffective counsel prior to his trial. He says his attorney

David Holmes failed to inform him of a plea offer from the state. He argues that if he had known about the offer which would have reduced his time in prison to around 13 and a half years, he would have taken it.

The Kansas Court of Appeals ruled that he failed to demonstrate a reasonable probability that he would have accepted the plea offer at the time it was offered.

Reno County Judge Trish Rose says she believes he would have excepted the offer.

The state is already indicating they will probably appeal the decision.

Judge Rose gave the state 10-days to have a written plea offer for the defendant and then gave the defense 10-days to respond, But Assistant District Attorney John Settle says most likely they’ll appeal.

Stotts is serving a near 25-year sentence after being convicted of attempted 2nd degree murder for crashing his vehicle into another, badly injuring the other driver during a high-speed chase through Reno County in March of 2007.

The state says it was intentional, while Stotts maintains it was an accident. He was also found guilty of having items consistent with a meth lab inside his vehicle, two counts of aggravated battery, and several counts of flee and elude.